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(영문) 수원지방법원 2018.11.20 2018나61147
매매계약해제 등
Text

1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant shall make the plaintiff 100.

Reasons

1. Basic facts

A. On July 31, 2016, the Plaintiff entered into a sales contract with the Defendant by setting the sales price of KRW 150 million with respect to the amount of KRW 150 million with respect to the Gyeonggi-do Forest C forest land, KRW 195 square meters, and KRW 623 square meters with respect to D forest land (hereinafter “each land of this case”; hereinafter the same shall apply) owned by the Defendant, and entered into the sales contract with the Defendant, and the down payment of KRW 50 million is KRW 50 million on the contract date, the intermediate payment of KRW 50 million on September 30, 2016, and the remainder payment of KRW 50 million on September 30, 2016 and March 15, 2017, and agreed on the construction of roads as follows:

The phrase “ March 15, 2016,” which is the remainder payment date under the contract, appears to be the clerical error in the phrase “ March 15, 2017,” and the phrase “the instant sales contract” is “the instant sales contract,” and the phrase “the instant special agreement” is referred to as “the instant special agreement”) 1. C and D, if combined, excludes approximately 1818 square meters and approximately 80 square meters.

2.The agreement shall be reached at 290,000 won per square, and shall be subsequently calculated as many as the excluded number of votes.

3. Road shares shall be calculated separately.

(Road Shares 2.90,000 won per square year)

4. Subject to mutual agreement between both parties, the intermediate payment date and the balance date may be bound.

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 50 million on July 31, 2016, and paid the intermediate payment of KRW 50 million on September 30, 2016.

Meanwhile, the Plaintiff and the Defendant changed the payment date of the remainder to May 30, 2017.

C. Each of the instant lands requires the establishment of entry roads to develop franchising land.

Accordingly, the Plaintiff and the Defendant concluded the instant special agreement on the construction of roads, and the Defendant completed the construction of concrete packaging, etc. so that it may use the area of 275 square meters, which is part of 1,195 square meters of C forest land, as the entry into each of the instant land in accordance with the instant special agreement.

C The land of 1,195 square meters for forest land was converted into 1,195 square meters for E forest land on May 2, 2017, and was divided into 920 square meters for E forest land and 275 square meters for F forest land (hereinafter “F forest land”).

E. On May 16, 2017, the Plaintiff completed the road by May 30, 2017 to the Defendant.

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